668 So. 2d 333 | Fla. Dist. Ct. App. | 1996
Appellant seeks review of an order summarily denying his motion for postconviction relief, in which he sought a belated appeal based upon ineffective assistance of counsel in that he “at all times desired to appeal the judgment of conviction and sentence, but his trial counsel failed to file a timely notice of appeal.” We affirm because the motion fails to allege that appellant timely requested his attorney to file a notice of appeal. See Gilliam v. State, 611 So.2d 90 (Fla. 2d DCA 1992); Harris v. State, 596 So.2d 500 (Fla. 1st DCA 1992). We do so without prejudice to appellant filing a sworn motion containing legally sufficient allegations.
To the extent appellant’s motion can be construed as raising other grounds, we affirm because those claims are barred by the two-year time limitation imposed by Florida Rule of Criminal Procedure 3.850 and the proscription against successive motions. See Hickman v. State, 581 So.2d 942 (Fla. 2d DCA 1991).
AFFIRMED.
